A minor whom gardaí believe is dealing drugs on the instruction of an older individual is not in a secure care unit, despite a judge’s order directing the placement, the High Court has heard.
The court heard evidence on Thursday from a senior garda at the hearing of two actions brought against Tusla, the child and family agency, arising from its failure to comply with court orders directing that it place the vulnerable minors in special care.
In the action in their names, the children, through their mothers, are seeking a declaration that Tusla is in contempt of the court’s orders.
Highly troubled and vulnerable children aged 11 to 17 can be detained in a secure care unit, known as special care, on foot of a High Court order granted to Tusla.
RM Block
Two such orders were made in respect of the children in recent weeks by Mr Justice John Jordan.
However, neither order has been complied with as there are no beds available for the two children at any of the State’s three secure care units.
Opening one of the children’s cases on Thursday, Joe Jeffers SC told Ms Justice Emily Egan that the minor and the family are facing threats because of the minor’s drug dealing, and an apparent drug debt that the minor owes.
The minor’s family home was the target of an attack arising from this debt, Mr Jeffers said. The child’s relationship with family has broken down, and the person is currently placed under at a special emergency arrangement, the court heard.
Mr Jeffers, appearing with barrister Brendan Hennessy, said the minor’s behaviour has deteriorated since the special care order was made, and the person has been charged with several criminal offences. “The consequences of non-compliance with the order are grave and serious,” Mr Jeffers said.
A senior garda familiar with the case told the court it was his belief that the minor was “under the control” of another older male, and involved in drug dealing – in particular, crack cocaine – on the instruction of that individual.
In recent weeks, since the special care order was made, the garda said the minor had been observed dealing drugs. The minor has been arrested on several occasions, and has been before the courts charged with offences relating to the distribution of drugs.
The garda added that he believed the minor to be breaching strict bail conditions arising from the charges.
Cross-examined by Seán Guerin SC, appearing for Tusla, the garda agreed that the minor was convicted of drug offences earlier this year.
Asked by Mr Guerin if remanding the minor in custody on foot of their breaches of bail and probation conditions might offer them “respite”, the garda replied that one would hope detention in special care would have that affect.
The garda added that the structure of a period in detention at Oberstown Children’s Detention Campus would likely have a positive effect.
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The child’s mother briefly gave evidence, stating that she felt her child’s behaviour had escalated in the last month.
“I’m crying out for help with my family because we feel we’re in danger,” she said.
Opening the second child’s case, Michael Lynn SC said the minor has been involved in “worrying” levels of criminality, associating with a peer group engaging in thefts, assaults, and joyriding.
Mr Lynn said Tusla itself is of the view that the minor needs to be placed in special care to “protect [the person’s] life”.
The child’s court-appointed advocate gave evidence that he was concerned the child is being criminally and sexually exploited, and has access to drugs and money.
Mr Guerin, appearing with barristers Sarah McKechnie and Paul Gunning, stated that Tusla accepted it is in breach of the special care order, but does not accept that it is in contempt of court orders.
The case was adjourned to January.
